CHAPTER 74

FORMERLY

SENATE BILL NO. 241

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 1509, TITLE 13, DELAWARE CODE, RELATING TO PRELIMINARY INJUNCTIONS IN DIVORCE AND ANNULMENT PROCEEDINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1509, Title 13, Delaware Code, by relettering subparagraphs (a), (b) and (c) to (b), (c) and (d) and insert a new subparagraph (a) to read as follows:

"(a) Upon the filing of a petition for divorce or annulment, a preliminary injunction shall be issued against both parties to the action, enjoining them from:

(1) Transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and requiring the parties to notify the other of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures after the preliminary injunction becomes effective;

(2) Molesting or disturbing the peace of the other party;

(3) Removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court;

(5) Utilizing credit cards or otherwise incurring any debt for which the other party is or may be liable except in connection with the marital litigation or necessities of life for the benefit of the party or the parties' minor children.

The preliminary injunction shall be effective against the petitioner upon the filing of the petition for divorce and upon the respondent upon service of a copy of the petition."

Approved June 30,1981.